The recent controversy surrounding President Bola Tinubu’s alleged directive to send the Independent National Electoral Commission (INEC) Chairman, Professor Mahmood Yakubu, on terminal leave has sparked nationwide debate on constitutional authority and the independence of electoral institutions. Renowned human rights lawyer, Femi Falana (SAN), has publicly clarified that the President does not possess the constitutional power to enforce such a directive.
According to Falana, the Nigerian Constitution distinctly empowers INEC as an autonomous body with the ability to regulate its internal procedures independently of presidential control. This means that unlike other federal executive bodies subjected to the President’s authority, INEC operates within its own constitutional framework that protects it from executive interference. Falana emphasized that the President’s attempt to send the INEC Chairman on terminal leave is beyond his lawful powers and undermines the constitutional guarantee of INEC’s independence.
The issue escalated after reports surfaced that President Tinubu instructed Professor Yakubu to proceed on terminal leave in response to alleged breaches of trust by the INEC Chairman, including purported support for political candidates and efforts to register new political parties ahead of the 2027 general elections. These allegations were reportedly briefed to the President by Governor Hope Uzodimma of Imo State. However, the legality of the President’s directive remains highly contested.
The constitutional provision granting INEC autonomy is designed to insulate electoral processes from executive manipulation and ensure credibility and transparency within Nigeria’s democratic system. Falana’s stance highlights the tension between political maneuvering and the rule of law, raising concerns about potential impacts on the electoral commission’s ability to conduct free and fair elections.
As the discussion unfolds, many legal experts and civil society organizations have weighed in, calling for strict adherence to constitutional protocols and caution against any executive actions that could compromise the electoral commission’s independence. President Tinubu is expected to nominate a new INEC Chairman following the expiration of Professor Yakubu’s tenure, but the process must align with constitutional requirements to maintain institutional integrity.
This development marks a critical moment for Nigeria’s democracy, setting a precedent on executive power limits and the protection of independent bodies like INEC as the nation prepares for its crucial 2027 elections.
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